2013-0414
INTRODUCED BY: V.J. ST. PIERRE, JR., PARISH PRESIDENT
(DEPARTMENT OF PUBLIC WORKS)
ORDINANCE NO. _____________
Title
An ordinance to amend the Code of Ordinances, Chapter 22 Sewer and Sewerage Disposal to add Article VI, Non-Domestic Waste Program.
Body
WHEREAS, there exists a need to monitor and limit the amount of non-domestic waste being introduced into the sanitary sewer system maintained and operated by St. Charles Parish in order to protect the integrity of the treatment process and physical infrastructure throughout the system; and,
WHEREAS, a pilot program to manage the intake of non-domestic waste has been in existence for several years and both the St. Charles Parish Wastewater system and the user have benefited from the ability to dispose of and properly treat the non-domestic waste generated by the user; and,
WHEREAS, The St. Charles Parish Department of Wastewater desires to fully implement a Non-Domestic Waste Program.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Code of Ordinances be amended by adding Chapter 23 Sections 112-135 Non-Domestic Waste Program to read as follows:
Sec. 22-112. - Definitions.
(a) General. Unless the context requires other interpretations, the following words and terms are defined for the purposes of this article as follows:
40 CFR means Title 40 of the Code of Federal Regulations.
Access control manhole means the nearest downstream manhole in a public or private sewer nearest to the point where the building sewer is connected or upstream from which no other user is connected to the sewer.
Baseline Reports means an initial pollutant scan conducted on the wastewater stream prior to issuing a permit to establish the baseline upon which the permit limits are based.
Clean Water Act or Act means the Federal Water Pollution Control Act as amended by the Clean Water Act of 1977, and subsequent amendments. The term "Clean Water Act" or "Act" also mean Chapter 26 of Title 33 of the United States Code (33 USC 1251 et seq.).
DEQ means the Louisiana Department of Environmental Quality.
DHH means the Louisiana Department of Health and Hospitals.
Director means the director of wastewater for St Charles Parish
Discharge or indirect discharge means a discharge that includes the discharge of a single pollutant or the discharge of multiple pollutants into a POTW from any nondomestic source.
Domestic source means a source of waste or wastewater emanating from a building which source discharges waste or wastewater from noncommercial sanitary facilities, including noncommercial kitchen or laundry waste or wastewater.
Domestic waste means liquid waste from noncommercial preparation of cooking and handling of food, or containing human excrement and similar matter from sanitary conveniences, i.e., toilets, sinks, washing machines, dishwashers, lavatories, bathtubs, etc.
Effluent limitation means any limitation pertaining to pollutants issued by the EPA or DEQ or parish that are discharged from point sources into navigable waters.
Environment includes water, air, and land and the interrelationship that exists among and between water, air, land and all living things.
EPA means the United States Environmental Protection Agency.
Explosive solid means any solid that causes a rapid chemical or nuclear reaction with the production of noise, heat, and violent expansion of gases.
Grease and oil traps means a device designated and installed so as to separate and retain animal grease, vegetable grease or mineral oil and grease from normal wastes while permitting normal sewage or liquid wastes into the sewer system by gravity
Individual means any person, firm, company, association, governmental agency, society, corporation, group or political subdivision.
Industrial user or user means any individual who is identified as a nondomestic source that introduces a pollutant or pollutants into a Parish POTW. The term "industrial user" or "user" shall specifically include all tank truck discharges into a POTW.
Interference shall have the same meaning as that term is defined in 40 CFR 403.3(k) (1) & (2)
Isotope means atoms whose nuclei have the same number of protons but different numbers of neutrons.
LPDES means the Louisiana Pollutant Discharge Elimination System
Malodorous means any putrid, rancid, rank, foul, highly inappropriate or ill smelling odors.
National pretreatment standards, pretreatment standard or standards means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with 33 USC 1316 & 1317. The term "national pretreatment standards," "pretreatment standard" or "standards" includes prohibitive discharge limits established pursuant to 40 CFR 403.5, 403.6, in addition to any applicable station or city parish regulations. The term "national pretreatment standards," "pretreatment standard" or "standards" also includes the term "effluent limitation."
Navigable waters means:
(1) All navigable waters of the United States;
(2) Tributaries of navigable waters;
(3) Interstate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purpose;
(4) Interstate lakes, rivers, and streams from which fish or shellfish are taken and sold in intrastate commerce; and
(5) Interstate lakes, rivers, and streams that are utilized for industrial purposes by industries in interstate commerce.
New source means any building, structure, facility or installation on which construction commenced after the adoption of this article and from which there is or may be a discharge of pollutants.
Nondomestic source means a source of waste or wastewater emanating from any source that is not domestic.
Nondomestic waste means liquid waste that is not domestic waste, i.e., businesses, schools, hospitals, restaurants and funeral homes.
Noxious gas means any gas that is harmful or destructive to living beings.
NPDES means the National Pollutant Discharge Elimination System as used in 33 USC 1342 et seq.
NPDES permit or permit means a permit issued to a POTW pursuant to 33 USC 1342 or 40 CFR 403.3(n) & (o).
Pass through shall have the same meaning as defined in 40 CFR 403.3(p).
Point source means any discernible, confined, or discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or vessel or other floating craft, from which pollutants are or may be discharged.
Pollutant means solid waste, sewage, sludge, chemical wastes, biological materials, heat, trash, sand, industrial and agricultural waste discharged into water.
Pollution means the manmade or man-induced alternation of the chemical, physical, biological, and radiological integrity of water.
POTW means a publicly owned treatment works that is owned by the parish. The term "POTW" includes any devices, systems or processes used in storage, treatment, recycling and reclaiming of municipal sewage or industrial wastes of a liquid nature. The term "POTW" also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.
Radioactive means the property possessed by some elements of spontaneously emitting alpha or beta rays, and sometimes, also gamma rays by the disintegration of the nuclei of atoms.
Reactive means to undergo a chemical change or to exert a counteracting, or reciprocal force or influence.
Significant Violation means a violation which remains uncorrected 45 days after notification of noncompliance or which is part of a pattern of noncompliance over a 12-month period or which involves a failure to accurately report noncompliance or which resulting in a POTW exercising its emergency authority under 40 CFR 403.8 (f) (1) (vi) (A) & (B).
Slug loading means the discharge into a POTW system of concentrated quantities of a pollutant; or increased pollutants in a POTW system, its processes or its equipment; or cause a violation of its NPDES permit; or cause an increase in BOD; or the discharge of heat in an amount that will inhibit biological activity.
Standard methods means the Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association.
Standard of performance means a standard for the control or the discharge of pollutants which reflects the greatest degree of effluent reduction which the administrator of EPA and/or secretary of the department of environmental quality determines to be achievable through application of the best available demonstrated control technology, processes, operating methods or other alternatives including, where practicable, a standard permitting no discharge of pollutants.
Toxic pollutant means any pollutant or combination of pollutants as found in 40 CFR 122 appendix D and as may be amended by the EPA.
Viscous means the properties of a fluid or semifluid that enables it to develop and maintain an amount of shearing stress dependent upon the viscosity of flow and then to offer continued resistance to flow.
Wastewater and process wastewater means any water which, during manufacturing, processing or any other use comes into direct contract with or results from the production or use of raw materials, chemicals, intermediate product, finished product, byproduct, or waste product, human and animal excrement.
(b) Technical.
Biochemical Oxygen Demand (BOD) means the measure of the oxygen requirements for the bacterial decomposition of organic matter found in agricultural, industrial, municipal wastewaters and sewage. Oxygen demand is increased by the introduction of carbonaceous organic material, nitrogenous, and chemical reducing compounds. Since most are complex and contain a variety of organic compounds not readily decomposed by biological activity, the oxygen demand placed on a system to accomplish complete decomposition of material is not measured. Instead, a five-day BOD (BOD5) is used and is accepted as the standard test. The BOD5 involves the setting up of several dilutions of the sample to be tested; mixing the test with water and a nutrient solution; determining the amount of oxygen in the water and incubating the sample for five days at 20 degrees Celsius. At the end of this time period, a final oxygen determination of the sample is determined and the BOD5 is calculated.
Chemical Oxygen Demand (COD), means a measurement of the chemical oxygen reducing compounds that normally react with and consume dissolved oxygen. COD is widely used to estimate the amount of organic matter in wastewater. The term "COD" means a measurement of the expressed in terms of million gallons per day (mg/d). In addition, flow rate is used in calculating the pounds per day of the different parameters such as BOD5, etc.
Hydrogen ion concentration (pH) means the pH of a substance that refers to the concentration of hydrogen (H) ions or hydroxyl (OH) present. The more hydrogen ions, the more alkaline or basic the substance. A measurement of these ions is used to determine the pH scale ranges from a 0 to 14 with the midpoint being 7.0. Any substance with a pH below 7.0 is said to be acid because there are more H ions the OH ions. Substances with a pH above 7.0 have more OH ions present than H ions and are basic. A pH of 7.0 is neutral because the number of H and OH ions present are equal.
Mg/l means one milligram per liter or one part per million.
Total Dissolved Solids (TDS) means a measurement of the total filterable residue dried at 103 to 105 degrees Celsius that is usually dissolved in water.
Total Organic Carbon (TOC) means a measurement of the amount of organic carbon present in the influent and/or effluent. The higher the concentration of organic matter, the higher the TOC will be. Conversely, the fewer organics present, the lower the TOC results will be.
Total Suspended Solids (TSS) (nonfilterable) means a measurement of the amount of suspended solids in a facility's influent and/or effluent and provides an indication of the treatment required and of the general water quality. The total suspended solids of a sewage sample is the amount of suspended matter in a given volume of water. The values are stated in milligrams per liter (mg/l). The analytical procedure involves filtration and weight determination.
Sec. 22-113. - Purpose; policy; objectives; jurisdiction; administration.
(a) These provisions set forth uniform requirements for direct and indirect dischargers into the wastewater collection and treatment system of the parish and enable the parish to comply with all applicable federal and state laws required by:
(1) The Federal Water Pollution Control Act of 1948, as amended, by the Federal Water Pollution Control Amendments of 1972 and by the Clean Water Act of 1977 and by the Water Quality Act of 1987;
(2) The General Pretreatment Regulations, as set forth in 40 CFR 403 et seq;
(3) 33 USC<H:\AppData\Local\Microsoft\Windows\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\level2\PTIICOOR_CH33RE.docx>26; and
(4) Any other federal or state laws that apply.
(b) The objectives of these provisions are:
(1) To prevent the introduction of pollutants or discharges into the municipal wastewater system which will interfere with the operation or safety of the system or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the environment or otherwise be incompatible with the system; and
(3) To provide for equitable distribution of the cost of the operation of the municipal wastewater system.
(c) These provisions provide for the regulations of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users, and through enforcement of general requirements for the other users; authorize monitoring and enforcement activities; require user reporting; assume that existing dischargers capacity will not be preempted; and, provide for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(d) These provisions shall apply to the parish and to persons outside the parish who are, by contract or agreement with the parish, users of the parish wastewater collection and treatment system. Except as otherwise provided herein, the superintendent and or pretreatment coordinator or other designated representative of the parish shall administer, implement, and enforce the provisions of this article.
Sec. 22-114. - Authority to deny or condition discharges.
If any wastewater or wastes are discharged, or proposed to be discharged into a POTW by a user, which wastewater or wastes contain pollutants or exceed the effluent limitation provided for in this article and, which in the opinion of the director, has or may have a deleterious effect upon a POTW or receiving waters or which otherwise causes or threatens to cause a condition of contamination, pollution or nuisance which creates a hazard to the public health, safety or welfare, the director shall take one or more of the following actions:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge into a POTW;
(3) Require control over the quantities and rates of discharge;
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing charges under any other provisions of this article; or
(5) Require immediate discontinuance of the waste discharge until such time as it meets the requirements of this article.
Sec. 22-115. - Compliance with pretreatment standards required.
(a) General discharge prohibitions. No user shall discharge or cause to be discharged, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the operation or performance of any POTW. Except as otherwise provided in this article, no user shall discharge or cause to be discharged into a POTW any pollutant:
(1) Containing flammable, reactive, and/or explosive solids, liquids, or gases that have the potential to cause a fire or explosive hazards.
(2) Having a pH less than 5.5 or higher than 9.5 or having any other corrosive or scale forming property capable of causing damage or hazard to structures, equipment, bacterial action, or personnel engaged in a POTW.
(3) Containing solid or viscous substances that may cause obstruction to the flow in a sewer or other interference with the operation of a POTW. In no case shall extractable oil and grease exceed 100 mg/l within any discharge into a sewer.
(4) Containing any pollutants, including oxygen demanding pollutants (BOD or COD) released at a flow rate and/or pollutant concentration that will cause interference to a POTW.
(5) Having a temperature that will cause the influent at a POTW plant to exceed 40 degrees Celsius (104 degrees Fahrenheit) or inhibit biological activity at a POTW plant or cause damage to the parish collection system facilities.
(6) Containing toxic pollutants in sufficient quantity, either singularly or by interaction with other pollutants, to upset or interfere with any POTW treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of a POTW. In no cases shall a discharge contain cyanide in excess of two mg/l as total cyanide.
(7) Containing noxious or malodorous gas or substance that singularly or by interaction with other wastes creates a public nuisance as defined in Chapter 16, Article IV Section 16-44 or hazard to life to be sufficient to prevent entry into a POTW collection system for maintenance and repair.
(8) Containing any substance that limits management, disposal or reclamation options available for POTW residues, effluent or sludge.
(9) Containing any substance that will cause a POTW to violate any LPDES or NPDES permit or any receiving streams' water quality standards, as established by any applicable federal or state law or as provided in this article.
(10) Containing radioactive substances and/or isotopes of such half-life or concentration as may exceed any applicable state or federal law or regulation.
(b) Photographic chemicals management (inclusive of X-ray film development).
(1) The term "washwater" includes that water automatically discharged from film processing equipment.
(2) Washwater from an automatic processor will be allowed to enter the sanitary sewer.
(3) Wastewater solutions that are not generated by any automatic continuous discharge process cannot be discharged into the sanitary sewer.
(4) Processing trays cannot be discharged into the sanitary sewer.
(5) Containerized chemicals, such as those found in the processor's tanks (developer and fixer), outdated chemicals or hazardous chemicals, cannot be discharged into the municipal sewer.
(c) Disposal of animal grease, vegetable grease or mineral oil and grease. In keeping with the regulations set forth in the United States Environmental Protection Agency and the state department of environmental quality (DEQ) wastewater discharge permits; the required parish pretreatment regulations as set forth in this Code; the EPA pretreatment regulations (40 CFR 403); 33 USC 1317 (b) and 33 USC 1362 (6), the following regulations are established for the disposal of animal grease, vegetable grease or mineral oil and grease:
(1) Description. All new grease traps shall, when possible, be installed underground and outside the building where the waste is generated, unless a variance is obtained from the parish environmental division in writing. Traps are not required for private living quarters. All traps shall be located so as to be readily and easily accessible for easy cleaning and inspection with removable covers, which when in place shall be watertight and gastight. These traps shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. No waste other than hot or greasy (oily) water should be discharged to the grease or oil trap. Grease traps main application is in treating kitchen wastewater for motels, cafeterias, restaurants, hospitals, schools, nursing homes and other institutions with large volumes of waterborne grease and/or kitchen wastewater.
(2) Design criteria. Grease and oil traps shall be designed in accordance with the Louisiana State Plumbing Code and standards set by DHH. All piping entering, within and existing in the trap shall be installed according to the attached diagram. Sanitary and garbage grinder wastewaters should not be discharged to grease traps; instead routed around the grease or oil trap. Only wastewaters from dishwasher prerinse units, kitchen sinks, kitchen drains or other plumbing fixtures that in the judgment of the environmental division and the plumbing inspection division of the parish should go to the grease trap.
(3) Procedure. Prior to installation, anyone requiring an interceptor or trap shall have the design and size approved by DHH in writing.
(4) Sample point. A sample point shall be required in the mainline lateral downstream of all the building plumbing fixtures. This line should be a minimum four-inch pipe with a removable cover.
(5) Operation and maintenance. In order to be effective, grease and oil traps must be operated properly and cleaned regularly to prevent the escape of appreciable quantities of grease. The frequency of cleaning at any given installation can best be determined by experience based on observation, but the maximum time between cleaning should be no longer than three months. Maintenance logs shall be kept current and be available for review at all times.
(6) Penalties. Any person who shall violate any provision of this section shall be subject to the rules regulations and penalties set forth in this article.
(d) Hazardous materials. Hazardous Materials will not be accepted into the Waste Water system at any time. Facility inspections may include a review of hazardous material generator's permit and of manifest forms.
Sec. 22-116. - Specific discharge limitations.
(a) The director shall have the authority to develop and enforce any specific discharge effluent limitation of pollutants into a POTW by a user.
(b) The effluent limitation shall include, but not be limited to:
(1) Containing any substance exceeding the following limits: total dissolved solids-500 mg/l; total suspended solids-250 mg/l; BOD5-200 mg/l; COD-400 mg/l; dissolved oxygen (DO) 1 mg/l; oil and grease-100 mg/l; antimony-0.2 mg/l; arsenic-0.05 mg/l; beryllium-0.1; cadmium-0.2 mg/l; chromium-1.0 mg/l; copper-0.5 mg/l; lead-0.1 mg/l; mercury-0.005 mg/l; nickel-0.5 mg/l; selenium-0.2 mg/l; silver-0.1 mg/l; thallium-.04 mg/l; zinc-1.0 mg/l; cyanide compounds-1.0 mg/l; phenols-0.05 mg/l. Actual final limits on non-domestic permit will be based on these limitations, process knowledge, and national pretreatment standards as listed in CFR 423.
(2) Containing any pollutant by direct or indirect discharge, from a nondomestic source, by a user, that violates any effluent limitations as established by any federal or state law or as provided in this article.
(c) The user shall provide necessary data to the director, when requested, to show proof that the best practicable control technology, techniques and processes, procedures and methods are being used to eliminate the discharge of pollutants into a POTW.
(d) New source users shall provide the director with performance standards data for the control of the proposed discharge of pollutants into a POTW. The methods used shall reflect the greatest practical degree of effluent reduction through demonstrated control technologies, processes, operation methods or other alternatives that reduce the discharge of pollutants.
(e) Under no circumstances shall the user dilute the effluent to reduce pollutants into the system.
(f) Limits and testing requirements. Requests for higher discharge limits above the limits as set forth herein may be initiated through the director of wastewater. Such increases will be granted only after extensive laboratory tests and evaluations on the effects of the effluent on the specific treatment system. The director of public utilities, environmental consultant and approved parish laboratory will evaluate the data and determine if such increases are technically feasible. The director of public utilities may grant such increases if the data indicates no increase in EPA/DEQ permit limits for the outfall will be obtained and if the data indicates that the influent stream in question exhibits no toxic effects on the treatment facility or surrounding area.
(g) There shall be no exceptions or legal contracts bypassing the permitting procedures.
Sec. 22-117. - National pretreatment standards to supercede this article if more stringent.
Upon the promulgation of the national pretreatment standards in accordance with 40 CFR 403.5 and 403.6 and/or 33 USC 1316 and 1317 for a particular industrial subcategory, the national pretreatment standards, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitation imposed under this article. The director shall notify all affected users of the applicable reporting requirements in the event of such a change.
Sec. 22-118. - Compliance schedules.
The director shall have the authority through the issuance of a permit to a user, to place any user on a compliance schedule and require the user to install pretreatment technology as necessary to achieve any applicable pretreatment standard, on or before any deadline specified in the permit.
Sec. 22-119. - Discharge permits.
(a) Any user shall be required to apply to and secure from the director a permit allowing discharge into a POTW sewer system:
(1) Users presently discharging into a POTW shall secure from the director a discharge permit application that shall be completed, all applicable fees paid and the director's approval secured within 180 days of the effective date of this article. Upon approval of the application, the director shall issue a discharge permit containing specific conditions that shall be consistent with the provisions of this article.
(2) Any new user is prohibited from making any connection to a POTW until the user has applied for and received from the director a discharge permit. Upon approval of the application, the director shall issue a discharge permit containing specific conditions that shall be consistent with the provisions of this article.
(b) Applications for permit and specific permit conditions shall be in a form as determined by the director. Permit conditions shall include provisions to meet the following objectives:
(1) To prevent the introduction of pollutants into a POTW, which interfere with the operation of a POTW, including interference with its use or disposal of municipal sludge;
(2) To prevent or monitor the contents of wastewater passing through the treatment works that may be incompatible with such works; and
(3) To improve opportunities to recycle and reclaim municipal and industrial wastewater and sludge.
(c) If any user discharge into a POTW has changed or increased since the issuance of a permit, such user shall immediately notify the director in writing, to request a permit modification to cover the change.
(d) The director may modify any user's permit when discharge conditions change or limitations are increased or decreased in pretreatment standards. Applicable fees shall be increased or decreased in the event of such a change in applicable standards.
Sec. 22-120. - Discharge permit; user fees.
The fee schedule in the amount as established in section 22-80 (e). shall be applied in the implementation of this artice for the nondomestic waste program:
(1) Application fee. Due with submittal of application.
(2) Permit fee.
(3) User fee.
(4) Higher volume user reductions. Higher volume users may negotiate a lower rate based on quality of effluent and past available history of effluent characteristics. This information will be obtained from past or future studies on the users effluent conducted by parish officials, approved environmental consultants, and the official parish laboratory. Based on the outcome of these studies and the effect on the specific affected treatment facility, the director of public utilities may agree to reduce or increase the rate of a high volume user from the stated rate listed in section 22-80 (e).
(5) Surcharge Fee. Surcharge fees and limits shall be set by the Wastewater Director and charged according to section 22-80 (d)
Sec. 22-121. - Reporting and notification requirements.
(a) Self-monitoring reports. Users as identified and designated by the director, shall submit periodic reports, on a form approved by the director, detailing wastewater treatment information needed to judge compliance with applicable effluent standards. The director may require users subject to pretreatment standards to submit reports as required in 40 CFR 403.12 including baseline reports, compliance progress reports, compliance achievement, and periodic reports of continued compliance. Test results submitted shall be conducted using the latest edition of standard methods or other pertinent and approved methodologies. Laboratory quality assurance and quality control data shall be provided along with required analytical data.
(b) Slug loading notification and written notice. Users shall immediately notify the director of any accidental slug pollutant load that has the potential to cause interference at the treatment plant. Within five days following any such accidental discharges, the user shall provide the director with a detailed written report describing the cause of the discharge and the measures to be taken by the users to prevent similar future occurrences. A slug load shall constitute a discharge that has a flow rate or contains concentrations of pollutants that exceed, for any time period longer than 15 minutes more than five times the average 24-hour concentration, quantities, or flow rate during normal operations.
(c) Falsification and/or tampering. Users shall not falsify test results nor tamper with sampling and/or testing equipment affecting the integrity of monitoring procedures and methods. Falsification of analytical and other pertinent records shall be considered a permit violation.
Sec. 22-122. - Inspection, surveillance and monitoring.
(a) Right of entry. All duly authorized employees or contract personnel of the parish, bearing proper credentials and identification shall be permitted to enter all premises of the user at all reasonable times for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The authorized employee or contract personnel shall also be permitted to inspect and copy all necessary effluent discharge records required by the permit.
(b) Installation of monitoring equipment and access to monitoring station. When required by the director, the user shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the waste. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the director. The manhole shall be maintained by the user as to be safe and accessible at all times. The monitoring station location will be such that total flow of wastewater from the user into the POTW or other facilities can be monitored at this single-point location. No other process discharge shall be located beyond monitoring station.
(c) Sampling and testing. All measurement, tests, and analyses of wastewater to which reference is made in this article shall be determined in accordance with the latest edition of standard methods or other approved methodologies. In the event that a control manhole has not been required, the control manhole shall be considered to be the nearest downstream manhole in a POTW sewer to the point at which the building sewer is connected, and to which no other user's building sewer is connected. Sampling shall be carried out by methods to accurately reflect the effect of the effluent upon a POTW and to determine the existence of a hazard to health, safety or welfare of the public.
Sec. 22-123. - Legal remedies.
(a) Injunctive relief. Whenever a discharge into a POTW is in violation of any provision of this article or a condition of a permit issued by the director or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance which is or may be injurious to the public health, safety and welfare, the parish may petition a court with proper jurisdiction for the issuance of a temporary restraining order, preliminary injunction and/or permanent injunction as may be appropriate to prohibit, restrain and enjoin the continuance of such discharge or proposed discharge by any user.
(b) Civil enforcement penalties. Any user who violates any provision of this article or any condition of a permit issued by the director, shall be subject to a civil penalty not to exceed the sum of $500.00 per day, per violation. In addition to the penalties provided herein, the parish may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses of litigation against the user found to have violated this article or any requirements or conditions of a permit issued.
(c) Criminal penalties. Any user who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method, required under this article or discharge permit, shall, upon conviction, be punished by a fine of not more than $500.00 per day per violation or by imprisonment for not more than six months, or both.
(d) Other penalties. Any user who violates any provision of this article or any condition of a permit issued by the director, and thereby causes damage to a POTW or increases the cost of sludge disposal, or results in the payment of civil or criminal penalties for violations of any LPDES or NPDES permit issued to the parish, then in each or any such instance, the user who causes such damage, or penalties shall be liable to the parish for all monies expended for damages sustained, cost incurred and/or penalties paid by the parish.
(e) Revocation of permit. Whenever, on the basis of any information available to him, the director finds that a user is in violation of any section of this article or any condition of a permit issued by the director, the director may issue a compliance order to such user. Any such order issued shall be in writing and shall be served on the user through the use of any means available, which is reasonably calculated to ensure receipt of the order by the user. In any case in which an order is issued to a corporation, a copy of such order may be served on any appropriate corporate officer. Any order issued under this subsection shall state with reasonable specificity the nature of the violation, and shall specify a time for compliance not to exceed a time the director determines to be reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. If, after the expiration of the time permitted to comply with the order, the director determines that the user is not in compliance with the terms of the order, the director shall have the authority to suspend or revoke the user's permit.
(f) Discontinuance of water and waste water services. Any user who violates any provision of this article or any condition of a permit issued by the director, shall be subject to discontinuance of water and waste water services.
(g) Corrective Action Plan. Upon violation or revocation of non-domestic permit, the Director of Wastewater shall implement a corrective action plan for user. Failure to follow the corrective action plan may result in permanent revocation of permit and exclusion from participation in the non-domestic wastewater program.
Sec. 22-124. - Request of user to make information confidential.
Any information and/or data collected from a user in accordance with any section of this article shall be available to the public or any governmental agency, unless the user specifically requests that the information and/or data be treated as confidential and is able to demonstrate to the satisfaction of the director, that the release of such information would divulge processes or methods of production entitled to protection as trade secrets. Information related to wastewater shall not be recognized as confidential information and shall be available to the public upon request.
Sec. 22-125. - Significant violations by SIUs published in local newspaper.
The director shall publish in the local newspaper a list of the Significant Industrial Uses (SIU) who are repeat violators of these provisions; SIUs include those industries that engage in activities set forth in 40CFR 401-475.
Secs. 22-126-22-135. - Reserved.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2013, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________